Saturday, June 11, 2011

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  • amoljak
    05-03 08:10 AM
    nk2006, Thanks for poiting that out. I have stopped thinking beyond I140 :)





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  • lostinbeta
    10-20 10:09 PM
    I don't have THAT many posts :P





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  • laksmi
    01-07 04:02 PM
    http://immigrationvoice.org/forum/showthread.php?t=14154





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  • rb_248
    07-23 10:54 AM
    Are we supposed to get every year?? did ur friend apply EAD renewal online ?

    Not yet. Our attorney is doing it for us.



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  • gcpadmavyuh
    10-12 09:05 AM
    The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

    On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

    Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

    1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.


    2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.


    Here is what I would suggest for your case:

    Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

    This is the best case scenario that I can envision for you.

    Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

    You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

    Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

    If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.

    Dear experts.. Need your advise..

    I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

    1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

    2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

    3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

    Assuming applying L1 is not going to be invalidate my H1 papers,
    4) If I go for L1 stamping, will it invalidate my H1-B papers?

    5) If I come to US on L1, is it possible to change status to H1?

    Any help will be greatly appreciated.





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  • indianabacklog
    10-28 11:03 AM
    I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.

    DPP once again, I am sad that we did not get to meet yesterday.
    Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.

    Lynne



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  • GCard_Dream
    03-15 06:32 PM
    Thanks a lot for all that good information. You mentioned about O*NET category and job zone. What is O*NET category and how do I know what category does my current job and expected future job fall under?





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  • s.m.srinivas
    04-03 08:30 PM
    Today I received denial notice from USCIS. The reason for denial is that "THE RFE RESPONSE WAS RECEIVED LATELY, HENCE DENIED". The last date for reception of RFE response was on 22nd March 2009 & They claim that they received it on 23rd March 2009. 22nd March was Sunday & more over we have proof from FEDEX deliver report that it was delivered by morning 10:30 AM on 20th March 2009.

    I believe this is error from USCIS. My attorney did call Customer Care and spoke to them & they said to send letter with proof, they will forward it to USCIS & they said there is no guarantee that they will again open the case by themselves.

    We did immediately sent letter with proof of FEDEX delivery report and as well as RESPONSE to RFE & we made sure that it will be delivered by monday April 6th 2009.

    My attorney suggested the following:

    We will wait atleast 2 weeks for to see whether they consider their mistake and open the case or ask us to open MTR with immediate effect
    IF they don't in two weeks, we will appeal for the denial
    Once MTR/appeal is open, we can prove it's their mistake & there is always good chance
    Once the status changes to MTR/appeal, then you can either apply for fresh H1B from other employer on premium process or live to your country it's your choice.


    Now my question to you all is, whatever he is saying is this correct? I am worried about becoming illegal. I don't WANT TO BE HERE ILLEGALLY. I WOULD RATHER GO BACK TO MY COUNTRY THAN BEING HERE ILLEGALLY & FACE PROBLEMS.. PLEASE DO GUIDE ME



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  • RayP
    12-14 01:16 AM
    Partially in reply to Lazycis :

    So, LAZYCIS, while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
    1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.

    2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.

    Any help in this regard....





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  • cris
    08-30 10:00 AM
    for gg_ny

    this is extension of H1B based of aproved I140 .

    if i understood correctly the application for H1 extension will became null and void if i travel outside of US .

    this is very interesting. I was not aware about this .

    Anyway, thank you for your valuable input



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  • kaisersose
    07-26 03:16 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending

    As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

    All the same, I would still get a H-4 as this will be advantageous as,

    1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

    2. AP takes a long time to come and she has to make an urgent trip back home?

    3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

    The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.





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  • NikNikon
    July 15th, 2004, 03:01 PM
    All these are amazing Anders, even with your rude intruder spoiling more potential shots you should be pleased with capturing images that a lot of photographer's only dream of taking.



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  • Munna Bhai
    01-09 12:50 PM
    which service center? You can ask your employer to ask USCIS as 140 is employer's application.

    NSC





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  • freddyCR
    January 4th, 2005, 07:35 PM
    Found this picture waiting for me in the poor side of town.
    Comments appreciated

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  • hemya
    12-10 11:44 AM
    any suggestions if 140 is not approved?

    Filed in August 2007......doesn't look like there is much movement based on tracker!!!!

    EAD in hand





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  • raydon
    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?



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  • cooldude
    08-05 11:51 AM
    I filed 485 with G28 form and I just got the receipt yesterday.

    Details:
    I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
    Received receipts for both yesterday August 3rd.

    Sit tight and relax, everyone will get theirs.

    I thought your lawyer is supposed to get the receipts if you had filled G-28.





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  • Munna Bhai
    01-09 01:44 PM
    NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.

    any more inputs??





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  • chanduv23
    02-26 02:30 PM
    Oh Eleanor, I don't even know where to start on this scumbag.

    But I know the end.

    This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.

    Who exactly is Ron Hira? What is his motive? why is he doing all this? And why is he so influential?

    I am under the impression that he is influentiaal because he does what the antis like.

    On a broader note - we all would be happy to see a system which is not so complex and there is a well defined process which Ron Hira also says he wants to see, but his bashing of foreign nationals and employers says he is basically of the kinds "shut the door behind me" attitude.





    m79
    08-03 05:02 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.





    Rohan99
    05-26 04:11 PM
    Thank you samswas
    All of them might not be applicable for all, but found this on another forum ...

    1 - New SSN to get rid of pesky legend "requires INS authorization..."
    2 - SSN for wife
    3 - Drivers license for wife without pesky legend "temporary for one yr or until H1 validity...", etc.)
    4 - Update I-9 form with employer
    5 - Someone here said let your mortgage company know about GC if you own a home, not sure why?
    6 - Do not hand over the I-94 card to the airlines/immigration offices at the airport. Keep it or through away
    7 - Do not need to carry anything other then Passport and Green Card when travelling



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